PODCAST TITLE: Category 3: Employer-Employee Relationship

LABOR LAW UNPLUGGED: A COMPREHENSIVE GUIDE

TO WORKERS’ RIGHTS AND EMPLOYER OBLIGATIONS • III. Employer-employee relationship
o Proof of employment
PART I: Foundations and Framework of Labor Law o Four-fold test
o Control Test
Characters: o Economic Reality Test
Podcast Host 1: Danica Vacalares o Labor-only contracting
Podcast Host 2: Shazar Porras o Kinds of Employment
▪ Regular
Guest Speaker: Lanlie Batistil ▪ Project
Names of Characters to be assigned: ▪ Casual
Elaine Echavez
Trisha Kerstin
▪ Fixed-Term
Cedric Orquia ▪ Seasonal
Christelle Violon ▪ Probationary
Eddielyn Taperla o When terminated

Category 4: Recruitment and Placement

PART 2: Advanced Topics in Labor Law and Workforce
Management
• IV. Recruitment and Placement of Workers
Characters: o Recruitment defined
Podcast Host 1: Danica Vacalares o Articles 13 to 38 of the Labor Code
Podcast Host 2: Shazar Porras o Migrant Workers and Overseas Filipino
Act
Mie Gen o Prohibited entities
Mark Borja o Government regulations
Glai Mendoza o Prohibited Acts
Jane Dongogan o Illegal recruitment
Mareal Cuzon o Enforcement and Sanction
Kent Donggon o Jurisdiction

Part 1: Foundations and Framework of Labor Law

Category 1: Introduction to Labor Law Category 5: Alien Employment and Special Workers

• I. Introduction • VI. Alien employment

o Definition of labor law o Articles 40-42 of the Labor Code
o Social Legislation o Article XII of the 1987 Constitution
o Legal bases o Anti Dummy Law
o Labor and the Constitution o D.O. 146-15, Sec. 11
o Protection to employer o DOLE Advisory No. 19-08
▪ Section 20, Art. II of the 1987 • VIII. Training and Employment of Special Workers
Constitution o Apprentice
▪ Management prerogative o Learners
▪ Limitations of management o Handicapped workers
prerogative
▪ Rules on Marriage and Non-
compete clause
▪ Company practice and
Company policy Part 2: Advanced Topics in Labor Law and Workforce
Management
Category 2: Fundamental Principles of Labor Law
Category 6: Human Resource Development

• II. Preliminary Title

o Articles 1-11 of the Labor Code • VII. Human Resources Development
o Article 1700 and 1702 of the NCC o Articles 43-56 of the Labor Code
o Declaration of Basic Policy o RA 7796
o Construction in favor of labor o RA 7686
o Applicability o RA 7277
▪ Overseas Workers
▪ Government employees
▪ Employees of international
organizations
Category 7: Working Conditions and Compensation Category 8: Special Groups of Workers
• X. Special Group of Workers
• IX. Working Conditions and Rest Period o Women
o Exempt from coverage o Minors
▪ Government Employees o Elderlies
▪ Managerial Employee Category 9: Labor Relations and Dispute Settlement
▪ Field Personnel
• XI. State policies on Labor Relations
▪ Members of the Family o Labor disputes
▪ Persons in the personal service o Settlement of labor disputes
of another
o Trade Unionism
▪ Batas Kasambahay o Worker enlightenment
▪ Workers paid by results o Expeditious dispute settlement
o Work hours o Industrial Peace and Tripartism
▪ Rationale o Workers’ participation
▪ Change in work hours • XV. Labor Dispute Settlement
▪ Hospital employees
o Compensable Hours
▪ General Rule
▪ Special rules
▪ Rest period Category 10: Termination of Employment and
▪ Meal period Retirement
▪ Regular
meal period • XII. Termination of employment
▪ Shorter meal o Security of tenure
period o Termination by employee
▪ Waiting time o Just causes for termination
▪ On Call o Authorized causes for termination
▪ Inactive due to work o Constructive Dismissal
interruption o Procedural requirements
▪ Lectures, trainings, o Prescriptive period
and meetings • XIII. Relief in illegal dismissal
▪ Travel time • XIV. Retirement
▪ No-work, no-pay
principle
▪ Night work
▪ Overtime work
o Weekly rest period
o Holidays, Service Incentive Leave, and
Service Charges
▪ Paternity Leave (RA 8187)
▪ Maternity Leave (RA 11210)
▪ Solo Parent Leave (RA 8972)
▪ Special leave for women
▪ RA 9710
▪ RA 9262
▪ Do No. 112-A series
of 2012
▪ Service Charges (RA 11360)
o Wages
▪ Facilities vs Supplements
▪ Bonus
▪ Minimum wage
▪ Payment of wages
▪ Place of payment
▪ Direct payment of
wages
▪ Workers’ preference
in case of bankruptcy
▪ Prohibition regarding wages
▪ Non-interference
▪ Wage Deduction
▪ Loss,
damage, or
deposit
▪ Withholding
wages
▪ 13th month pay
 Lanlie:
Great question, Elaine. As a young worker, you are entitled to
Podcast Title: the same protections as any other employee under labor laws.
For instance, your employer cannot impose unreasonable
Labor Law Unplugged: A Comprehensive Guide to Workers’
working hours, must provide fair compensation, and is
Rights and Employer Obligations
required to remit your mandatory contributions to agencies
like SSS, PhilHealth, and Pag-IBIG. These laws are designed
Part I: Foundations and Framework of Labor Law to ensure you start your career on a fair footing.

Introduction Segment 2: The Employer-Employee Relationship

(Category 3)
Danica:
Welcome to Labor Law Unplugged! I’m Danica Vacalares. Danica:
Now, let’s talk about one of the most important aspects of
Shazar: labor law: the employer-employee relationship.
And I’m Shazar Porras. Today, we’re diving into Labor Laws.
Whether you’re an employee, an employer, or just curious Caller Trisha Kerstin (as an employee seeking
about the rules that govern the workplace, this episode is for clarification):
you. Hi, Atty.! I’ve been working at my company for a few years
now, but recently, I’ve been feeling like my employer is
Danica: overstepping certain boundaries. Can you clarify what the
That’s right, Shazar! This episode is divided into two parts, employer’s role really is, and where the line should be drawn?
and we’ll be covering everything from the foundations of labor
law to termination and retirement. We’re lucky to have experts
with us today. For the first part we have Atty. Lanlie Batistil,
who will help explain these important concepts in a way that
resonates with real-life experiences. Lanlie:
That’s a great question, Trisha. In a typical employer-
employee relationship, the employer has what’s called
Lanlie Batistil: “management prerogative,” meaning they have the right to
Thank you, Danica and Shazar. I’m honored to be here, and make decisions about business operations. However, there
I’m excited to discuss labor law with you and your listeners. are limitations. For example, they can’t make unreasonable
These laws are not just written in books—they have a direct demands on their employees or violate their rights. This is
impact on people’s lives, from workers seeking fair treatment where labor laws come in—they provide safeguards for
to employers trying to maintain a balanced workforce. workers.

Danica:
That’s reassuring to hear. But, Atty. Lanlie, what happens
Segment 1: What is Labor Law? (Category 1 and 2) when there’s a dispute? How do you prove an employer-
employee relationship?
Shazar:
So, Atty. Lanlie, let’s start with the basics. What exactly is Lanlie:
labor law, and why is it so critical for both workers and Well, there are tests that help establish the relationship, like
employers? the Control Test, which asks who has the authority to control
how and when the work is done. There’s also the Economic
Reality Test, which looks at the reality of the worker’s
Lanlie: situation—are they dependent on the employer for income, or
Labor law is the body of rules that defines the rights and are they self-employed? These tests help ensure that workers
responsibilities of both workers and employers. It ensures that are protected under the law.
workers are treated fairly and protects their rights to things like
fair wages, working conditions, and job security. For
employers, it provides a legal framework to manage their Caller Christelle Violon (as a project-based worker):
workforce effectively while maintaining fairness. Hi, Atty. Lanlie! I work on a project basis and am curious—
how does the law protect someone like me, whose
employment is not regular?
Danica:
And this doesn’t just happen by chance, right? Labor law is
built on a foundation of social legislation, ensuring fairness Lanlie:
and equity. Christelle, as a project-based worker, you are still protected
by labor laws. While your employment is tied to the duration
of a specific project, your employer is required to provide you
Lanlie: with a contract that clearly outlines the terms of your
Exactly. The legal basis for labor law comes from sources like employment. Additionally, you are entitled to basic labor
the 1987 Constitution and the Labor Code, which lay out rights, like just compensation and a safe working
policies and guidelines for the protection of workers. For environment.
instance, the Constitution mandates that the State protect
labor, promote employment, and ensure social justice.

Caller Elaine Echavez (as a young worker seeking

clarity):
Hi, Atty. Lanlie! I’m a fresh graduate starting my first job, and
I want to understand how labor laws apply to someone like
me. What protections should I be aware of?
Segment 3: Recruitment and Placement (Category 4) Lanlie:
Apprenticeships are governed by the Labor Code and the
Shazar: Apprenticeship Program Act. They allow companies to train
workers while providing practical experience. However,
Let’s now move to recruitment and placement—another area
agreements must be approved by DOLE to ensure
where many workers get caught in the middle.
compliance.

Caller Cedric Orquia (as an employer asking for

clarification):
I’m an employer, and I’ve been trying to expand my business.
But I’m having trouble navigating the legalities of recruitment. CLOSING REMARKS
How do I make sure I’m following the law, especially when
hiring foreign nationals or workers from overseas? Danica:
Wow, we’ve covered so much and that’s only part I! From the
Lanlie: definition of labor law to the employer-employee relationship,
Great question, Cedric. When it comes to recruitment, the recruitment, and alien employment, there’s a lot to digest.
Labor Code sets specific rules to protect both employers and
workers. Employers must comply with regulations on Shazar:
recruitment practices, including ensuring they don’t violate Absolutely. Thank you to our guest, Atty. Lanlie Batistil, and
any of the prohibited acts like charging excessive placement to our callers, Elaine, Trisha, Cedric, Christelle, and Eddielyn.
fees.

Ktoffe:
For foreign nationals, they must secure an Alien Employment Thank you!
Permit (AEP), and the Anti-Dummy Law ensures that
foreigners don’t hold positions reserved for Filipino workers.
Danica:
Now, let’s take a quick break to hear from our sponsors.
Danica:
It’s clear that there’s a lot to consider when recruiting. But
what if someone is hired illegally or under false pretenses? Shazar:
We’ll be back for the part 2, this is labor law unplugged!
Lanlie:
That’s where the law comes in to protect the worker. Illegal Danica and Shazar:
recruitment is a serious offense, and penalties can range from Stay informed and empowered!
fines to imprisonment for those involved.

Caller Eddielyn Taperla (as an OFW):

Hi, Atty. Lanlie. I’m an overseas Filipino worker. What legal
protections do I have if I face problems with my recruiter or Advertisement……
employer abroad?

Lanlie:
Eddielyn, the Migrant Workers and Overseas Filipino Act
provides strong protections for OFWs. It holds recruiters and
employers accountable and ensures access to legal
assistance and remedies. If you face issues, you can file a
case through the Philippine Overseas Employment
Administration (POEA) or seek help from Philippine
embassies abroad.

Segment 4: Alien Employment and Special Workers

(Category 5)

Shazar:
Lastly, let’s discuss alien employment and the training of
special workers.

Danica:
Atty. Lanlie, how does the law regulate the employment of
foreign nationals?

Lanlie:
Foreign workers must secure an Alien Employment Permit
(AEP) and meet constitutional requirements that prioritize
Filipino workers. Violations of these rules can lead to penalties
under the Anti-Dummy Law.

Shazar:
Atty., what if a company wants to hire apprentices. What are
the rules for training special workers?
Podcast Title: Labor Law Unplugged: A Comprehensive (Article 50) encourages businesses to play an active role in
Guide to Workers' Rights and Employer Obligations workforce development, making sure the programs are
aligned with the ever-changing market needs.
Part 2: Advanced Topics in Labor Law and Workforce
Management Shazar:
So, this is all about bridging gaps, both for individuals and
industries! It’s like a social contract to build a better, more
competitive workforce.

Introduction

Danica:
Welcome back, everyone, to Labor Law Unplugged. I’m Segment 2: Working Conditions and Compensation
Danica Vacalares. (Category 7)

Shazar: Danica:
Now, shifting gears, let’s talk about Working Conditions
And I’m Shazar Porras. In this episode, we’re diving deep
into the complexities of labor laws here in the Philippines, and Compensation. It’s such an important topic, especially
especially those that impact human resource development, when we talk about balancing the needs of employees and
working conditions, compensation, special groups of employers.
workers, labor relations, dispute settlement, and more.
Shazar:
Danica: That’s right, Danica. And we have two guests who are going
That’s right! And we’re not alone today. We have some to weigh in on this. First up is Atty. Mark Borja, a labor law
incredible experts joining us to break everything down in an expert, who will help us navigate the legal side of working
easy-to-understand way. So, whether you're an employee or conditions.
an employer, there’s something here for you!
Atty. Mark Borja:
Thank you, Shazar. Let's start with the basics—working
hours. Under Philippine labor law, employees are generally
entitled to humane working conditions. However, there are
Segment 1: Human Resource Development (Category 6) certain exceptions, like government employees,
managerial employees, and field personnel, who may not
Shazar: be subject to the standard work hours.
Let’s kick things off with Human Resource Development,
or HRD. This is a critical area when we talk about building a Danica:
skilled and competitive workforce. And, speaking of working conditions, there are specific
compensable hours, right? For instance, short breaks and
Danica: overtime pay.
Absolutely! And to guide us through this, we have Mie Gen,
an HR expert, who’s going to help us understand how HRD Atty. Mark Borja:
works and why it’s so important. Yes, exactly. Even if it's just a short 5 to 20-minute break, it’s
compensable if the employer requires it. The meal period,
Mie Gen: on the other hand, is generally unpaid unless it’s shorter
Thank you, Danica and Shazar. Well, HRD is at the heart of than one hour. And when it comes to overtime work,
workforce sustainability. Under the Labor Code, Articles 43- employees are entitled to premium pay if they work beyond
56 highlight the State’s commitment to improving the standard 8 hours.
employment opportunities and developing human resources.
This includes skills training, retooling, and creating programs Shazar:
to bridge the gap between the workers’ skills and industry There’s a lot to unpack there, Atty. Mark. But we also have
demands. For example, the TESDA Act of 1994 created Glai Mendoza with us, a kasambahay (domestic worker),
TESDA, which has been pivotal in offering technical who’s here to share her story and ask about her rights under
education to marginalized sectors. the law.

Shazar: Glai Mendoza:

That's such an important piece of the puzzle. How does the Hi, everyone. I’ve been working as a kasambahay for a few
Dual Training System fit into all of this? years now. I know the Kasambahay Law (RA 10361)
protects my rights, but I’m unsure about my entitlements—
Mie Gen: like rest periods, overtime pay, and wages. Can you clarify
Great question! The Dual Training System Act of 1994 that for me?
combines theoretical learning in schools with hands-on
experience in businesses. It’s like a partnership where Atty. Mark Borja:
schools and employers align their training programs to make Of course, Glai. Under the Kasambahay Law, you're
sure that students are industry-ready by the time they entitled to a standard rest period, reasonable working
graduate. hours, and a minimum wage. Employers must provide you
with at least one day off per week and cannot require you to
Danica: work beyond the maximum working hours unless agreed
So, it’s essentially a win-win situation for both the students upon.
and employers, right? Employers get skilled workers, and
students get practical experience! Danica:
Glai, it’s essential to know that you’re entitled to proper
Mie Gen: compensation for overtime work and rest periods. And
Exactly! And this is why HRD is not just a government Atty. Mark, this also touches on another issue—how should
issue—it’s a partnership. The Private Sector Participation
employers handle things like service charges and holiday Atty. Kent Donggon:
pay? Exactly. Employers and employees need to work through
issues quickly, which is why there are expedited dispute
settlement procedures to ensure fairness. We also see the
Atty. Mark Borja:
Employers must allocate 85% of service charges to importance of trade unions in empowering workers to
employees, and you’re entitled to holiday pay if you work on negotiate and protect their rights collectively.
a regular holiday.

Shazar:
Glai, you have rights that protect you, and it’s important to Segment 5: Termination of Employment and Retirement
always be informed about them! (Category 10)

Danica:
And to wrap things up, we’ll tackle Termination of
Employment and Retirement. There’s a lot of confusion
Segment 3: Special Groups of Workers (Category 8)
around constructive dismissal, retirement benefits, and
procedural requirements.
Danica:
Next up, let’s talk about Special Groups of Workers, and
we have a question from Mareal Cuzon, who’s asking about
her aunt’s rights. Mareal, tell us what’s on your mind. Shazar: Let us now proceed. Atty. Mark, Mie, Atty. Jane,
and Atty. Kent—let’s take a quick round to explain the key
issues around termination of employment.
Mareal Cuzon:
Hi, everyone. My aunt works with a company that employs
elderly workers, and I’m concerned about her rights. She’s Atty. Mark Borja: First, employees have security of tenure,
meaning they cannot be terminated without just or
over 60 and thinking about retirement, but there are also
rumors that the company might be pushing older workers out authorized cause. Just causes include things like serious
to hire younger ones. Does the law protect workers like her? misconduct or gross negligence, while authorized causes
could involve economic reasons like redundancy or
retrenchment. Also, whether you resign, face constructive
Atty. Jane Dongogan: dismissal, or get terminated for a valid reason, there are
That’s a great question, Mareal. There are laws in place to procedural steps that must be followed.
protect elderly workers against age discrimination. The
Anti-Age Discrimination Law ensures that no worker,
regardless of age, can be discriminated against during hiring Mie Gen: It’s important to note that employers must follow
due process when terminating employees—this means
or during their employment. Additionally, there are flexible
retirement plans that allow older employees to continue providing notice, giving the employee a chance to explain,
working if they want to, or they can opt for mandatory and ensuring the decision is justified.
retirement once they hit 65.
Atty. Jane Dongogan: And employees who are unfairly
Shazar: dismissed can file for reinstatement or seek back wages.
What about workers with disabilities, Atty. Jane? How does Sometimes, employees may be entitled to separation pay,
the law handle them? especially if reinstatement isn’t possible.

Atty. Kent Donggon: Let’s not forget retirement. Employees

Atty. Jane Dongogan:
The Magna Carta for Persons with Disabilities (RA 7277) are entitled to retirement benefits after reaching the age of
guarantees that PWDs are given equal opportunities in 60 or 65, depending on company policies. They must receive
employment. Employers are encouraged to make at least half a month’s salary for every year of service,
reasonable accommodations, such as accessible unless otherwise stipulated in a collective bargaining
workplaces, and may even get tax deductions for hiring agreement.
PWDs.

Danica: Well, that was an extensive dive into some of the

toughest labor law issues we face today. Thanks so much to
Segment 4: Labor Relations and Dispute Settlement
our experts for sharing their knowledge.
(Category 9)

Danica: Shazar: And to our listeners, we hope this episode helped

Let’s move on to Labor Relations and Dispute Settlement, clarify some of the more advanced topics surrounding labor
an area that’s crucial for resolving conflicts between law, from human resource development to termination and
employees and employers. And here with us today is Atty. retirement.
Kent Donggon, a labor relations expert.
Danica: We’ll be back soon with another episode of Labor
Atty. Kent Donggon: Law Unplugged. Until next time, keep fighting for fair work
Thank you, Danica and Shazar. Labor disputes, whether environments and just wages!
related to wages, working conditions, or unfair practices,
can escalate if not handled properly. That’s why we have Shazar: Take care, everyone!
mechanisms like conciliation, mediation, and arbitration
to help settle disputes without going to court. [Outro music fades]

Shazar:
A lot of companies might not be aware that they have to
abide by certain rules even when resolving disputes.